The Delhi high court has restrained websites and social media handles from infringing or copying any trademark, title, character or other intellectual property of TV serial Taarak Mehta Ka Ooltah Chashmah. Having identified various social media accounts, YouTube channels and websites illegally using the characters of the serial, producing animations, AI-generated images, deepfakes, platforms selling unauthorised merchandise and even posting pornographic content featuring the characters of the show, the producers approached the court.
Advocates Pravin Anand, Ameet Naik, Madhu Gadodia and Dhruv Anand of Anand & Naik, who represented the producers of the TV serial, said that it is for the first time that an Indian court has recognised the publicity and personality rights of characters of a show and taken cognisance of the large-scale infringement and misuse thereof by third parties. Noting the gravity and quantum of infringement, the court passed an omnibus/John Doe order restraining not only the identified defendants but also all unknown persons and the world at large from exploiting the intellectual property rights of the said TV serial without permission.
The lawyers for the serial submitted that such unauthorised and rampant violations of the plaintiff’s copyright and trademark rights by the defendants were causing grave prejudice to the plaintiff (producers). The illegal and infringing content is easily and freely available and accessible across India, making it almost impossible for the producer to take action against such websites, YouTube channels and social media accounts in various jurisdictions. Such unauthorised dissemination not only undermines the rights of the producer but also causes grave economic and personal harm to the producer, it was submitted.